PERLINDUNGAN HUKUM TERHADAP MODEL DALAM KONTRAK KERJA PADA INDUSTRI MODELING MENURUT HUKUM PERDATA

Abstract

LEGAL PROTECTION OF MODELS IN WORK CONTRACTS IN THE MODELING INDUSTRY ACCORDING TO CIVIL LAW (Research Study in Banyuwangi Regency). Article 1313 of the Civil Code states that "an agreement is an act in which one or more people bind themselves to one or more people." The agreement made by the agency and the model is set forth in a work contract which contains work related to the model's wages, the distribution of wages between the agency and the model, the conditions during the employment contract and the rights of the models while under the auspices of the agency. In the implementation of work contracts between modeling agencies and models, problems often occur related to the non-fulfillment of the contents of the work contract and the non-fulfillment of the rights of the models while the contract is running, causing defaults in the work contract. The parties to the employment contract, in this case the modeling agency and model, have the right to sue if their rights are not fulfilled and are entitled to legal protection in the event of negligence or violation. Based on the problems above, the author formulates problems related to the thesis title above, namely: 1. How is the implementation of work contracts in the modeling industry in Banyuwangi? 2. How is the legal protection of models in employment contracts in the modeling industry according to civil law? Contracts or agreements made in the fashion industry are still in the form of verbal agreements. In the implementation of verbal agreements that occur, problems often arise when the contract period lasts. The problems that occur are the non fulfillment of the rights and obligations carried out by both parties, especially for the model party whose rights are often not fulfilled. The parties to the employment contract, in this case the model party, have the right to sue if their rights are not fulfilled and are entitled to legal protection in the event of negligence or violation. The protection of models is intended to guarantee the basic rights of workers/laborers, which in this case are models, and guarantee equality of opportunity and treatment without discrimination on any basis to realize model welfare.